Federal Register, Volume 76 Issue 97 (Thursday, May 19, 2011)

[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Proposed Rules]
[Pages 28910-28913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12316]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93, 94, and 98

[Docket No. APHIS-2009-0093]

Importation of Live Swine, Swine Semen, Pork, and Pork Products
From Liechtenstein and Switzerland

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the
importation of animals and animal products to add Liechtenstein and
Switzerland to the region of Europe that we recognize as low risk for
classical swine fever (CSF). We are also proposing to add Liechtenstein
to the list of regions we consider free from swine vesicular disease
(SVD) and to the list of regions considered free from foot-and-mouth
disease (FMD) and rinderpest. These proposed actions would relieve some
restrictions on the importation into the United States of certain
animals and animal products from those regions, while continuing to
protect against the introduction of CSF, SVD, FMD, and rinderpest into
the United States.

DATES: We will consider all comments that we receive on or before July
18, 2011.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0093 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2009-0093, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2009-0093.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and

[[Page 28911]]

Independence Avenue, SW., Washington, DC. Normal reading room hours are
8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure
someone is there to help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Kelly Rhodes, Regionalization
Evaluation Services, Import, Sanitary Trade Issues Team, National
Center for Import and Export, VS, APHIS, 4700 River Road, Unit 38,
Riverdale, MD 20737; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

The Animal and Plant Health Inspection Service (APHIS) of the
United States Department of Agriculture (USDA) regulates the
importation of animals and animal products into the United States to
guard against the introduction of animal diseases not currently present
or prevalent in this country. The regulations in 9 CFR parts 93, 94,
and 98 (referred to below as the regulations) prohibit or restrict the
importation of specified animals and animal products to prevent the
introduction into the United States of various animal diseases,
including classical swine fever (CSF), swine vesicular disease (SVD),
foot-and-mouth disease (FMD), and rinderpest. These are dangerous and
destructive communicable diseases of ruminants and swine.
Sections 94.9 and 94.10 of the regulations list regions of the
world that are declared free of or low-risk for CSF. Switzerland and
Liechtenstein are not currently listed in these sections. However, the
surrounding APHIS-defined European Union (EU) CSF region, which is
composed of the 19 Member States of the EU that we currently recognize
as a single region with regard to CSF, is listed as low-risk for CSF.
Sections 94.24 and 98.38 specify restrictions necessary to mitigate the
risk of introducing CSF into the United States via the importation of
pork, pork products, live swine, and swine semen from that region.
Section 94.12 of the regulations lists regions that are declared
free of SVD. Section 94.13 of the regulations lists regions that have
been determined to be free of SVD, but that are subject to certain
restrictions because of their proximity to or trading relationships
with SVD-affected regions. Switzerland is currently listed in these
sections, but Liechtenstein is not.
Section 94.1 of the regulations lists regions of the world that are
declared free of rinderpest or free of both rinderpest and FMD. Section
94.11 of the regulations lists regions that have been determined to be
free of rinderpest and FMD, but that are subject to certain
restrictions because of their proximity to or trading relationships
with rinderpest- or FMD-affected regions. Switzerland is currently
listed in these sections, but Liechtenstein is not.
Switzerland and Liechtenstein entered into a customs union treaty
that took effect in 1924. Under the treaty, Switzerland formulates
trade policy measures affecting imports and the agricultural policy of
the customs union. In January 2009, Switzerland, Liechtenstein, and the
European Commission (EC) fully implemented an agreement to eliminate
barriers to trade in agricultural products, including live animals and
animal products. As a result, trade between these entities now occurs
under the same conditions as trade between EU Member States.

Risk Evaluation

In 2006, the Government of Switzerland requested that APHIS
evaluate the animal health status of Switzerland and Liechtenstein with
respect to CSF and provided information in support of this request in
accordance with 9 CFR part 92, ``Importation of Animals and Animal
Products; Procedures for Requesting Recognition of Regions.'' Under
Sec. 92.2, each request for approval to export animals or animal
products to the United States from a foreign country must include
information concerning the authority, organization, and infrastructure
of the veterinary services in the region; the status of the region and
adjacent regions with regard to the disease(s) under evaluation; the
degree to which the region is separated from regions of higher risk;
and livestock demographics and marketing practices. The foreign region
must also provide information regarding vaccination against the
disease(s) of interest (if practiced); the extent of an active disease
control program; movement controls and biosecurity for movement from
higher risk regions; disease surveillance; diagnostic laboratory
capabilities; and emergency response capacity.
In response to Switzerland's request, APHIS evaluated the risk of
introducing CSF virus into the United States via the importation of
swine and swine products from Switzerland and Liechtenstein. This
evaluation was completed in August of 2009 and may be viewed on the
Regulations.gov Web site or in our reading room. (Instructions for
accessing Regulations.gov and information on the location and hours of
the reading room are provided under the heading ADDRESSES at the
beginning of this proposed rule.) The evaluation, as well as the
information evaluated, may also be viewed at http://www.aphis.usda.gov/import_export/animals/reg_request.shtml by following the link for
``Information previously submitted by Regions requesting export
approval and their supporting documentation.''
Our evaluation found no evidence that CSF currently exists in
Switzerland or Liechtenstein and demonstrated no immediate and
significant risks associated with this disease. Nonetheless, there is a
potential for introduction of CSF virus into Switzerland and/or
Liechtenstein. This is primarily because Switzerland and Liechtenstein
import substantial quantities of pork and pork products from Germany
and France, without prohibiting sourcing from restricted areas
established due to CSF. In addition, most road and rail traffic from EU
Member States into Switzerland is not subject to customs inspection. It
is therefore easy for travelers to enter with commodities for personal
consumption that are derived from domestic swine or wild boar, from
both restricted and nonrestricted areas of EU Member States.
Switzerland and Liechtenstein have adopted EC regulations and
controls regarding animal health and abolished border veterinary
controls, thereby facilitating free trade in live animals and animal
products. These two countries are situated in the middle of a region
that APHIS recognizes as low risk for CSF, currently referred to in the
regulations as the APHIS-defined EU CSF region. APHIS considers the EU
Member States comprising this region to have the same low level of risk
due to harmonized EC legislation and free trade on the internal common
market, factors that now apply to Switzerland and Liechtenstein as
well.
The APHIS-defined EU CSF region is subject to the import conditions
specified in Sec. 94.24 for breeding swine, pork, and pork products,
and Sec. 98.38 for swine semen. Section 94.24 prohibits sourcing of
live swine, pork, and pork products for export to the United States
from areas of the EU that are restricted due to CSF in wild boar or
domestic swine. The regulations also prohibit commingling of live
swine, pork, and pork products for export with such commodities from
restricted areas. Section 98.38 prohibits sourcing of swine semen for
export to the United

[[Page 28912]]

States from areas of the EU that are restricted due to CSF in wild boar
or domestic swine, as well as commingling of donor boars with live
swine from restricted regions.
The prohibition on sourcing from areas of the APHIS-defined EU CSF
region that are restricted due to CSF in domestic swine extends until
at least 6 months after cleaning and disinfection of the last affected
premises. This addresses the possibility of reoccurrence of CSF in
domestic swine if restrictions are removed after 30 days, as allowed by
EC regulations. The regulations also address the risk associated with
potential commingling of pork and pork products for export to the
United States with such commodities sourced from restricted areas
within the APHIS-defined EU CSF region.
In the risk evaluation, APHIS concludes that the risk profile for
the common veterinary area formed by Switzerland and Liechtenstein is
similar to that of the APHIS-defined EU CSF region. Applying the
provisions of Sec. Sec. 94.24 and 98.38 to Switzerland and
Liechtenstein would address the risk issues discussed above and result
in a level of risk that is equivalent to, or less than, that portion of
the EU authorized to export breeding swine, swine semen, and pork and
pork products to the United States.

Summary of Proposed Changes

Based on the finding of the risk evaluation, we are proposing to
add Switzerland and Liechtenstein to the region of Europe (currently
referred to in the regulations as the APHIS-defined EU CSF region) that
we currently recognize as a low-risk region for CSF and from which
breeding swine, swine semen, and pork and pork products may be imported
into the United States under certain conditions. In order to add
Switzerland and Liechtenstein to this region and provide flexibility in
the event that other non-EU countries in Europe may be added to this
region in the future, we would amend the regulations to refer to this
region as the ``APHIS-defined European CSF region.'' These proposed
actions would relieve some restrictions on the importation into the
United States of certain animals and animal products from Switzerland
and Liechtenstein, while continuing to protect against the introduction
of CSF into the United States.
In a related matter, certain conditions in the regulations for
importation of breeding swine, swine semen, and pork and pork products
from the APHIS-defined EU CSF region refer to the roles and
responsibilities of the competent veterinary authority of EU Member
States within the region. However, since neither Switzerland nor
Liechtenstein are Member States of the EU, we are proposing to remove
such references from the regulations and instead simply refer to the
competent veterinary authority.
Finally, as noted above, the regulations currently list
Switzerland, but not Liechtenstein, as free of SVD, FMD, and
rinderpest, subject to the restrictions described in Sec. Sec. 94.11
and 94.13 of the regulations. FMD was last detected in Liechtenstein in
1964. Neither SVD nor rinderpest has ever been reported in
Liechtenstein. Switzerland and Liechtenstein formed a common veterinary
area with an integrated veterinary system in 1924 and have effectively
been a single region with regard to veterinary controls on animal
health since that time. For these reasons, we are also proposing to add
Liechtenstein to the list of regions recognized as free of SVD, and to
the list of SVD-free regions whose exports of pork and pork products to
the United States are subject to certain restrictions to prevent the
introduction of SVD into this country. In addition, we are proposing to
add Liechtenstein to the list of regions recognized as free of FMD and
rinderpest and also to the list of FMD- and rinderpest-free regions
whose exports of ruminant and swine meat and products to the United
States are subject to certain restrictions to prevent the introduction
of FMD and rinderpest into this country.
These proposed actions would ensure that Liechtenstein is afforded
the same status as Switzerland with regard to these diseases, while
continuing to protect against the introduction of CSF, SVD, FMD, and
rinderpest into the United States.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule is subject to Executive Order 12866. However,
for this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
Our analysis identifies U.S. swine producers as the small entities
potentially affected by the provisions of the rule, but also notes that
Switzerland and Liechtenstein have, historically, exported a minimal
amount of swine or swine products. Copies of the full analysis are
available by contacting the person listed under FOR FURTHER INFORMATION
CONTACT or on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov)
Under these circumstances, the Administrator of the Animal and
Plant Health Service has determined that this action would not have a
significant economic impact on a substantial number of small entities.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 93

Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 98

Animal diseases, Imports.

Accordingly, we propose to amend 9 CFR parts 93, 94, and 98 as
follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY,
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

1. The authority citation for part 93 continues to read as follows:

Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

2. In Sec. 93.500, the definition of APHIS-defined EU CSF region
is removed and a definition of APHIS-defined European CSF region is
added, in alphabetical order, to read as follows:

Sec. 93.500 Definitions.

* * * * *
APHIS-defined European CSF region. The regions of Austria, Belgium,
the

[[Page 28913]]

Czech Republic, Denmark, Finland, France, Germany, Greece, Italy,
Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland,
Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the
United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern
Ireland).
* * * * *

Sec. 93.505 [Amended]

3. In Sec. 93.505, paragraph (a), the words ``APHIS-defined EU CSF
region'' are removed and the words ``APHIS-defined European CSF
region'' are added in their place.

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE
DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE
VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS

4. The authority citation for part 94 continues to read as follows:

Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

5. In Sec. 94.0, the definition of APHIS-defined EU CSF region is
removed and a definition of APHIS-defined European CSF region is added,
in alphabetical order, to read as follows:

Sec. 94.0 Definitions.

* * * * *
APHIS-defined European CSF region. The regions of Austria, Belgium,
the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy,
Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland,
Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the
United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern
Ireland).
* * * * *

Sec. 94.1 [Amended]

6. In Sec. 94.1, paragraph (a)(2) is amended by adding the word
``Liechtenstein,'' immediately after the word ``Latvia,''.

Sec. 94.9 [Amended]

7. In Sec. 94.9, paragraphs (b) and (c) introductory text, the
words ``APHIS-defined EU CSF region'' are removed each time they appear
and the words ``APHIS-defined European CSF region'' are added in their
place.

Sec. 94.10 [Amended]

8. In Sec. 94.10, paragraphs (b) and (c), the words ``APHIS-
defined EU CSF region'' are removed each time they appear and the words
``APHIS-defined European CSF region'' are added in their place.

Sec. 94.11 [Amended]

9. In Sec. 94.11, paragraph (a) is amended by adding the word
``Liechtenstein,'' immediately after the word ``Latvia,''.

Sec. 94.12 [Amended]

10. In Sec. 94.12, paragraph (a) is amended by adding the word
``Liechtenstein,'' immediately after the word ``Latvia,''.

Sec. 94.13 [Amended]

11. In Sec. 94.13, in the introductory text of the section, the
first sentence is amended by adding the word ``Liechtenstein,''
immediately after the word ``Latvia,''.

Sec. 94.24 [Amended]

12. Section 94.24 is amended as follows:
a. In the section heading, by removing the words ``APHIS-defined EU
CSF region'' and adding the words ``APHIS-defined European CSF region''
in their place.
b. In paragraph (a) introductory text and paragraph (a)(1)(i), by
removing the words ``APHIS-defined EU CSF region'' each time they
appear and adding the words ``APHIS-defined European CSF region'' in
their place.
c. In paragraph (a)(1)(ii) and (a)(1)(iii), by removing the words
``APHIS-defined EU CSF region'' each time they appear and adding the
words ``APHIS-defined European CSF region'' in their place, and by
removing the words ``of the Member State'' each time they appear.
d. In paragraph (a)(5), by removing the words ``of the APHIS-
defined EU CSF region Member State''.
e. In paragraph (b) introductory text and paragraph (b)(2)(i), by
removing the words ``APHIS-defined EU CSF region'' each time they
appear and adding the words ``APHIS-defined European CSF region'' in
their place.
f. In paragraph (b)(2)(ii) and (b)(2)(iii), by removing the words
``the APHIS-defined EU CSF region'' each time they appear and adding
the words ``the APHIS-defined European CSF region'' in their place, and
by removing the words ``of the Member State'' each time they appear.
g. In paragraph (b)(6), by removing the words ``of the APHIS-
defined EU CSF region Member State''.

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

13. The authority citation for part 98 continues to read as
follows:

Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

14. In Sec. 98.30, the definition of APHIS-defined EU CSF region
is removed and a definition of APHIS-defined European CSF region is
added, in alphabetical order, to read as follows:

Sec. 98.30 Definitions.

Sec. 98.38 [Amended]

15. Section 98.38 is amended as follows:
a. In the section heading, by removing the words ``APHIS-defined EU
CSF region'' and adding the words ``APHIS-defined European CSF region''
in their place.
b. In the introductory text, by removing the words ``APHIS-defined
EU CSF region'' and adding the words ``APHIS-defined European CSF
region'' in their place.
c. In paragraph (a), by removing the words ``of the APHIS-defined
EU CSF region Member State''.
d. In paragraph (b)(1), by removing the words ``APHIS-defined EU
CSF region'' and adding the words ``APHIS-defined European CSF region''
in their place.
e. In paragraphs (b)(2) and (b)(3), by removing the words ``APHIS-
defined EU CSF region'' each time they appear and adding the words
``APHIS-defined European CSF region'' in their place, and by removing
the words ``of the Member State'' each time they appear.
f. In paragraph (i), by removing the words ``of the APHIS-defined
EU CSF region Member State''.

Done in Washington, DC, this 13th day of May 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-12316 Filed 5-18-11; 8:45 am]
BILLING CODE 3410-34-P